Energy's $377M training award redo sparks new protest from incumbent

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Kupono Government Services is claiming the evaluation process was flawed and that the winner of this set-aside contract is not actually a small business.

The Energy Department's re-award of a potential $377 million professional services contract has sparked a fresh protest from the disappointed incumbent.

In December 2022, Eagle Harbor won the contract to support the department's National Training Center. But following one round of protests, Energy rescinded the award one month later to take a corrective action.

But Kupono Government Services, the incumbent, challenged that corrective action and said it did not go far enough. The Government Accountability Office agreed and told Energy in June 2023 that it needed to allow bidders to revise their entire proposals, not just the cost aspects as originally proposed.

On July, DOE again awarded the contract to Eagle Harbor.

Eleven days later, Kupono filed a fresh protest challenging the new award decision. Kupono is alleging that Energy's evaluation of the proposals was flawed.

Kupono claims that Energy did not properly evaluate past performance and proposed costs, which the company claims resulted in a flawed best-value tradeoff analysis.

The contract is for services to help manage and operate Energy's National Training Center in Albuquerque, New Mexico.

In addition to the GAO protest, Kupono is also challenging Eagle Harbor's designation as a small business. Energy reserved the competition for 8(a) small businesses.

Kupono is raising that complaint with the Small Business Administration. Kupono first filed the size determination challenge when Eagle Harbor first won the contract, but SBA delayed its ruling after Energy started its corrective action. 

An SBA area office is set to evaluate Kupono's size challenge now that a new award to Eagle Harbor has been made, according to SBA's docket. No timeframe has been set for the ruling.